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2009 Supreme(Raj) 2491

MAHESH BHAGWATI
Manish Pahadia – Appellant
Versus
Smt. Sanju Bai – Respondent


For the Petitioners:Suresh Sahni and R.M. Sharma, Advocates.
For the State: Amit Punia, P.P.
For the Respondent No. 1:Satish Pachori, Advocate.

JUDGMENT

1. - This order governs the disposal of an application filed under Section 439(2) of Criminal Procedure Code by the petitioner Manish Pahadia seeking cancellation of bail of the respondent No. 1 who has been granted bail vide order dated 13th February, 2009 rendered by the learned District & Session Judge, Baran.

2. Contextual facts depict that on 7th December, 2008 at about 4:00 pm, the respondent accused Smt. Sanju Bai poured kerosene oil on her mother-in-law Kanchan Bai and ignited fire with match-stick in her in-law's house situated at Krishna Colony, Baran. It is further alleged that Nakul and Rituraj came forward and endeavoured to save their mother from fire but in that process they also sustained burn injuries. Ultimately, all the three Kanchan Bai, Rinku @ Rituraj and Nakul succumbed to burn injuries during their treatment.

3. Learned counsel for the petitioner has craved the cancellation of bail on the following grounds:-

(i) That the most horrendous act of the accused Sanju Bai by way of pouring kerosene oil on Kanchan Bai gulped down three precious lives of Kanchan Bai, Rituraj and Nakul. The offence despite being of such a grave nature, the learned Sessions Judge























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